[quote="Gxeremio Dimsum":oup6d0fs]Otherwise, as you've said, it's like if someone with several aliases snuck across a national border and was tried under each of his aliases. What a waste of resources! Perhaps a better system would be that certain people could ban non-citizens easily, and those people could challenge their banishments if they wished. Citizen banishment would always need to go through trial.[/quote:oup6d0fs]
This is [i:oup6d0fs]precisely[/i:oup6d0fs] why we have the securities principle and the principle that the unsuccessful party in litigation pays costs to the court and to the other side, as well as fact, rather than notice, pleading. These fundamental principles that were devised after this concern was raised the first time around were unthinkingly and recklessly swept aside in the ultra-vague rules passed by the Representative Assembly recently.
It would work like this: a non-citizen does some wrong, and is summarily banished. A notice of summary banishment is served. If he or she doesn't respond to that notice, there is no trial because the case is uncontested: the court can make an order on the papers, and banishes the person. If the person responds, and is not a citizen, he or she will have to pay a security for court and litigant costs into the court, as well as a security against any compensation, fine (etc.) that he or she might have to pay the other party. If he or she wins her or his case, he or she gets the money back. If he or she loses, the court costs, litigant costs, and any compensation is duducted from that amount, and anything remaining is returned. If the person refuses to put up a security then, in all but the most exceptional of circumstnances, her or his notice in response would be struck out, and the case would proceed as an uncontested case, with an order made on the papers, and not trial.
If, therefore, a person were to come back many times as an alt and do the same thing, either the person could be banished easily each time on the papers without a trial, or the CDS would grow ever richer with all the fines, costs and compensation that the person would end up paying.
Of course, the new ultra-vague rules contain no such possibility, so this problem has returned in consequence of the legislature's reckless action in passing them. Now, in [i:oup6d0fs]every[/i:oup6d0fs] case, there has to be a pre-trial hearing, come what may, and no costs can be payable.